CJA 354 Week 4 Discussion Questions

Discussion Question 1.

Public order crimes, public-order offenses, or crimes against the public order, include offenses such as fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly, public intoxication, obstructing public passage, and (illegally) carrying weapons.

Please respond to the following questions:

• How do public order crimes differ from other types of crime, as defined by the criminal justice system?

• How can we improve the ways in which the criminal justice system helps to decrease the number of public order crimes?

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Discussion Discussion 2.

Morals offenses denote a category of unlawful conduct that was criminalized originally to protect the family and related social institutions. This category includes lewdness, indecency, sodomy, and other sex-related offenses, such as seduction, fornication, adultery, bigamy, pornography, obscenity, cohabitation, and prostitution (Schmalleger, Hall, & Dolatowski, 2010).

Respond to the following question:

Define lewdness and explain how the criminal justice system can more effectively combat prostitution, obscenity, and lewdness?

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Discussion Question 3.

According to Schmalleger, Hall, and Dolatowski (2010), another class of social-order offense consists of crimes against the administration of government. Offenses in this category include treason, misprision of treason, rebellion, criminal syndicalism, espionage, sedition, perjury, subornation of perjury, criminal contempt, obstruction of justice, resisting arrest, escape, misconduct in office, and bribery.

Respond to the following:

How do crimes against government affect the administration of justice?

What distinctions can be made about crimes against administration or government and the concern of domestic terrorism?

What is the relationship between federal and state anti-drug legislation and asset forfeiture?

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CJA 354 Week 2 Criminal Defense Case Analysis (Individual Assignment)

Locate two cases that discuss various types of criminal defenses.

Write a 700- to 1,050-word case analysis in which you identify and examine the types of criminal defenses used in each case that include the following: 

• Explanation of the nature and types of defenses used in each case and what evidence was used to support each defense. 

• Description of how justification and excuse play a role in each case.

Criminal Defense Case Analysis

           Our criminal justice system here in the United States operates on the perception that each person accused of a crime is innocent until proven guilty by a jury of his or her peers. The criminal justice system does take into consideration a person’s state of mind when they originally committed the crime that they are accused of committing. The criminal justice system refers to a person’s state of mind as the term “mens rea,” This is a Latin term which has been incorporated into the justice system of the United States. Mens rea plays a delicate part in criminal defense cases, mainly when the accused is mentally ill.

         “The history of the insanity defense in modern times comes from the 1843 case of Daniel M'Naghten, who tried to assassinate the prime minister of Britain and was found not guilty because he was insane at the time. The public outrage after his acquittal prompted the creation of a strict definition of legal insanity which is known as the M'Naghten Rule” (Montaldo, p.1, 2010).

          The insanity defense has been used for years and over a period of time has had many changes made to the format many times. The insanity defense came after the M’Naghten rule. After a while the insanity defense followed the Durham standard before eventually becoming a standard for following the Moral Penal Code. “The Model Penal Code, published by the American Law Institute, provided a standard for legal insanity that was a compromise between the strict M'Naghten Rule and the lenient Durham ruling. Under the MPC standard, a defendant is not responsible for criminal conduct "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law” (Montaldo, p.1, 2010).

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CJA 354 Week 1 Criminal Law Paper (Individual Assignment)

Locate a recent criminal Supreme Court case you find interesting. Provide a brief summary and properly cite the case.

Write a 700- to 1,400-word paper in which you answer the following questions:

• What interested you about this case?
• What are the sources, purposes, and jurisdictions of the criminal law related to this case?
• What is accomplice liability and criminal liability? How does it relate to the case?

What is the difference between the various elements of crime, including actus reus, mens rea, and concurrence? How do they relate to the case?

A recent Supreme Court Case that was decided was ARIZONA et al. v. UNITED STATES. This case was argued on April, 25, 2012 and a decision was made on June 25, 2012. This case came about in 2010 when the state of Arizona enacted a statute known as S.B. 1070. This statute addresses the large number of illegal aliens that are in the state of Arizona. “Fed up with illegal immigrants crossing from Mexico -- and what they say is the federal government's inability to stop it -- legislators in Arizona passed the tough immigration law in 2010. The federal government sued, saying that Arizona overreached.”

I have been interested in this case since hearing about it. The first thing that actually came to my mind was racial profiling. I understand that the United States has a huge problem on their hands attempting to control this problem. It was interesting to me to see a state attempt to make a state law that would supersede federal law. As a police officer myself, I can see this becoming a racial profiling issue. Without certain guidelines in place, this would lead to many unanswered questions. The state that I reside in is Georgia. Georgia also has a high population of immigrants, so I am curious as to how this will turnout in the end and affect other states. 

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